aosapplicant

This topic has been addressed a number of times in this forum. Here is the quote from the Adjudicator's Field Manual:

USCIS Link

Now can we please stop giving misinformation to people? Intent is not an issue for immediate relatives of a US citizen!

Speaking for myself: I never gave "misinformation" to people.

I specifically and repeatedly noted that I was not an attorney, that my knowledge of statutes was limited, that whatever I opine is not a legal advise and only my individual opinion (Free Speech Amendment) and the OP can do whatever they wish to do about their own case (none of my business).

As to AFM.

#1. AFM is not a law or regulation

#2. AFM that is publicly available is an edited and not most up to date AFM.

I have seen pages of AFM that apply to processing of certain peitions which, upon closer look, reveal

an outdated procedure as the new editions of forms necessitate answering certain questions that did not

exist at the time the currently available AFM appears to be related to.

So, just because there is a link to AFM that shows how to process certain petition, doesn't mean that

this is how those petitions are being processed (or regulations applied) TODAY.

#3. Even the AFM you posted makes it clear that granting of the benefit in cases you describe

is DISCRETIONARY (that is not the same as "Approve the petition if approvable", but more like

"It is permissible to approve this petition if you , in YOUR DISCRETION feel/think it should

be approved, provided there are no other adversary factors involved".

#4. Just my idle curiosity asks here: if an individual , like that cited Mexican national,

can have a fiance and can come to US and can marry the same day and apply for AOS right away

then why hundreds of thousands of people wait for K visa processing abroad? Are they all illiterate

and unaware of this regulation?

Something doesn't add up here.

Now, as I have repeated many times, I am neither attorney nor write

any of this to give anyone a legal advise. I am just a layman, an AOS applicant myself , but from what

I have read and known about INA, about case laws and regulations (which, again, is a limited knowledge

since practicing Law is not my trade) I came to very firm conclusion that for all the complexity of laws

and regulations in final analysis it all makes sense and has certain purpose and logic to it if you spend time

to fully analyze and comprehend it.

What you posted raises my doubt (appears as if it is not a complete picture, or may be not even current picture, since

both cited matters relate to pre-1986 case law era and we had 2 immigration reform laws passed since then (1986 and 1996),

both of which imposed harsh penalties and limited discretion for any type of violators).

Are there other sources that confirm validity of the posted information? After all, it could be a serious misinformation

that could have grave consequences for any visitor of this forum if it indeed happened to be an outdated page from AFM

that is no longer in force when adjudicating AOS petitions.

There are forces in nature that resist and frustrate every step we take, But then there are forces that do the opposite.

Two forces are in constant struggle.

Today was a good day for you

I wish all the best and safe sailing for you.

Good luck!

"What About the 30/60 Day Rule?

The famous "30/60 day rule" can be found in 9 FAM 40.63 N4.7. In a nutshell, the rule states that in the event that a B-2 visitor informs an immigration officer that his or her visit is for tourism, and the visitor violates this status by doing something contrary to B-2 conditions (eg. get married and take up permanent residence), there will be a presumption of fraudulent misrepresentation if the violation happened within 30 days of admission, or there will be rebuttable presumption that if the violation happened within 60 days of admission.

It is important to note, however, that the "30/60 day rule" is not a substantive rule. It is merely a procedural rule as to when and how a consular determination of inadmissibility under 212(a)(6)© is to be reviewed by the Advisory Opinion Office in Washington DC (which no longer happens). Previously (several years ago) all 212(a)(6)© determinations had to be sent to the Administrative Office.

So today, the 30/60 day rule is meaningless in the adjustment of status context. However, USCIS still misapplies the 30/60 day rule, while immigration attorneys over rely on it. CIS uses it inappropriately as a sword on a bright line test, while attorneys misuse it as shield thinking they are always safe after 60 days."

http://www.peerallylaw.com/en/content/view/562/

Also, to address your latest question - as someone who replied to a previous poster with: "besides it was not addressed to you and what you think is too unimportant to me", you might also want to examine your own delivery of responses before asking why other people are lashing out on you.

to start an argument over it now.

I admit that at some point you will get shrewd response from me if you poke me unprovoked, merely because I expressed an opinion you

were not pleased with.

This is America, people here have opinions and if I feel strongly about standing by it then God himself , if existed and descended from Heavens, would not force me to yield to a shameless demand to suppress my free speech so it would please some arrogant uneducated dimwit out there. So far I was just wondering and somewhat amazed. After all, I am just sharing my opinion and these posters lash out at me for no other reason than being displeased with what I think.

As to article posted by Hassan Abdullah,Esq., I would be skeptical and not take it as an authoritative opinion vs. my reading of actual Court ruling that set 30-60 day rule precedent, with Judges reasoning and interpretation of underlying INA.

Hassan Abdullah may be right, but he just as well could be wrong.

Substantial equities allows one to file for waivers or overcome certain bans on benefits , but it is in no way to be mistaken and confused with case precedent which established a path to request fair adjudication requesting the benefit as opposed to petitioning the ruling authority for mercy and leniency in deciding the outcome of the otherwise doomed case.

Congratulations for having IL so fast!

Wish you the best !!

I think it is more that they struggle with your consistently pompous attitude. It's of the kind that are never welcome on any forum.

Read what you write It is the second time you call me names or use derogatory words to refer. I still refuse to return the favor.

Just wondering what is it that makes some think they are entitled to lash out anytime anyone expresses an opinion that is

different from their own?

It's not a rule for USCIS. That's all I'll say. You are welcome to your opinion.

Chill out. My reply clearly stated I am not attorney, that it is not a legal advise,

besides it was not addressed to you and what you think is too unimportant to me

to start an argument over it now.

Just don't forget: bench ruled case precedent is something many refer to , use as basic frame

and interpretation of vaguely written law and it has power of authority when it comes to court

argument unless there is another contradicting rule in different jurisdiction

that gets decided by higher court.

P.S. Why people on this board struggle to be difficult and argumentative with each other?

60 day rule is totally bunk and not a rule at all. if you think that's a rule then I'd read up more.

60 day rule, regardless of what you or I think of it, is a rule (actual ruling by a Judge sitting on bench and in charge of interpreting a law).

It is not written in stone, but serves as a basic frame upon which many assumptions are construed and decisions made.

In any event, the "60 day rule" is irrelevant here since she had known her fiance before she stepped her foot on US.

I do not want to sound rude, but may be you should indeed read up more.

Under WAVA nothing matters except the fact of abuse and your request for protection. they will not even tell your spouse you applied under WAVA.

It's protected under privacy laws. Only your testimony matters and, if you have at least one police report against your husband it will be the

sufficient evidence.

Firstly, the OP is well within her rights to seek permission to enter the U.S. on a non-immigrant visa, even though she has a U.S. Spouse-- there is nothing illegal about this act alone; it is only illegal to enter on said visa, with the *intent* of adjusting status and just having a U.S. citizen spouse is not proof of intent.

Secondly, how do you know that she misrepresented her case to the CBP Official at her port of entry? If the OP was asked at the time of her entry if she had a U.S. citizen spouse, and answered "Yes" and was then admitted into the country, then where was the misrepresentation/fraud as you say?

Again, I don't have the facts to this case and I am just playing Devil's Advocate with your response.

Case precedent and discretion of adjudicating officer will matter greatly in such case. Officer, while not allowed to capriciously and arbitrarily deny cases, has, nevertheless, a great deal of authority vested in him her to decide whether the applicant had the intent to stay past non imm. entry in described case.

Having a fiance/spouse in USA by LAW (under US INA and CFR) gives basis to presume an immigrant intent, regardless of what you tell anyone.

She can prove her good faith intention by exiting, but requesting AOS will automatically trigger "you had intent to.." presumption.

Defrauding is in preconceived intent to stay (having a fiance/spouse in US is defined as intention to stay under C.F.R. and if she told Border Officer that she has fiance/spouse here then that Border Officer has failed to do his her job by letting non-immigrant in with clearly defined under C.F.R presumption of Immigrant Intention, unless she had declared of her intention prior to obtaining her visa and was able to overcome presumption back then, extremely rare but theoretically possible ), and unless she leaves now this will weigh heavily against her.

The only way she may adjust is under 60 day rule, which is a famous court ruling that had set precedent (came with provable, zero intentions to immigrate , with no fiance or husband here, but circumstances changed afterwards), however this would apply to her if she met her fiance/husband AFTER entering (ex. if she met. married and applied after entering first time and never went back and return another visa while already having fiance with whom she subsequently married.

It doesn't appear to be the case according to what she wrote).

I do not play Devils or Gods' advocate here,I just use logic, common sense, knowledge of statutes (admittedly very limited at that, since I am not an attorney) and share my individual view, noting also that I am not an attorney and couldn't care less what OP will do, but what I wrote is what I would suggest to someone I personally cared for.

I am not immigration attorney , this is not legal advice and you are free to act as you choose.

But if you were someone very close to me and cared for you personally my words to you would be: DO NOT FILE AOS!

Expired I-94 is non issue, since you are USC spouse ( I assume you will apply based on marriage, since you ask about I-130 and AOS?).

If you entered on any non immigrant visa, later overstayed, met and married that also would not be an issue.

But it appears that you have met, married, left and then re-entered on non-immigrant visa ALREADY AS A FIANCE/SPOUSE OF USC?

If you get denied you will be referred to immigration court. The ICE will argue that you had clear intention to

defraud and did defraud border officer by concealing a fact of having a USC fiance/spouse (having fiance/spouse in US = intent to immigrate under official regs, period. No ifs/buts about it). If judge sides with ICE (which they very well might and most likely will in your case), you may be permanently barred from ever immigrating to US.

Do not ruin your and your family's future. Go back home and apply for immigrant visa. If you do you will have done nothing wrong. By exiting the country you will prove that indeed you had no intentions to violate your B-1 and defraud border patrol.

It will take few months at most for you to get your immigrant visa and you may even be granted another tourist visa in interim (extremely rare , but MAY occur

in your case, due to strong evidence of good faith intent).

Again, I am not immigration attorney, I do not tell you what to do, but I have read cases where people got permanently barred because of very stupid things they did and didn't know of repercussions. Your future is in your hands.

Please Note: I am not immigration attorney , this is not legal advice. For legal assistance contact qualified Immigration Attorney in good standing .

I have placed the copy of RFE request letter on top, followed by cover letter and the copy of requested evidence (the one filled to the best

of our understanding of the I-864 instructions, which instructs to not enter same person twice and leave blank or enter zero for spouse on line 21.c if included on line 21.a).

There are lots of malpracticing charlatans who masquerade as professionals, this behavior is not limited to the trade of lawyers. If we will criticize let's criticize all and not blame the specific occupation or all who engage in it for the wrongs done by bunch of miseducated crooks.

I will be just as upset as anyone ever wronged by an attorney IF my case gets denied or complicated because of such reckless oversight my attorney and stupid error

of typing clerk or legal assistant in his office. But first I have to see the final outcome. And second, be what it may, I am still going to hold the profession in high esteem.

There are many people who file on their own and sail through without any problems. But then there are people we all heard of who filed and got their cases lost, misplaced or wrongfully denied, even when they subsequently proved in court 100% undisputed eligibility for benefit sought and were granted the same by the judges.

Human error coupled with Murthy law can do a lot of unpredictable things that many of you dismiss because you seem to be high on idealistic end and unwilling to consider many unfortunate yet practically unavoidable incidents ,of which various forum boards are providing ample examples, where people had trouble in case processing that had nothing to do with their eligibility for benefit at all.

A good lawyer in such , although rare yet realistically occurring cases, is indispensable.

I hired an attorney to fully protect all my rights under the law and to avoid any technical error in app filing. It turns out that attorney [who probably let his paralegal or assistant to type the forms while cursing that $13/hour job] didn't even bother to thoroughly review the forms before submitting them to USCIS (one must wonder what for did I pay for 10 hours of average lawyerly rates), yet I am still withholding my judgement because it is only when I see the final outcome will I be in position to weigh the gravity of clerical error and its' impact on quality of my every day life.

As of now I will sit back and wait for next update and may be just schedule an INFOPASS to speak with immigration officer in person , to explain what happened and ask if there is any way to assure that the processing office doesn't dismiss the response I mailed yesterday.

Let's wait and see for now.

In the meantime those of you who had a lawyer submitting a petition, with clerical errors/typos that had NOTHING to do with your eligibility but which resulted in RFE, and which subsequently resulted in petition being denied or approved, sharing your inputs would be very valuable and very much appreciated!

Thanks to all who participate and best regards,

AOS Applicant

Today I have written a cover letter and mailed a copy of requested evidence to USCIS. I have entered ones and zeroes where applicable.

Mailed by Express, should reach Lee's Summit, MO no later than Saturday (USCIS probably won't pick it up until Monday).

They may or may not dismiss the second RFE response. They may or may not deny the whole petition for a typo. If denied for a typo, I assume it will state something to the effect of "...due to failure to follow instructions..." If adjudicator is judicious he may, instead, schedule an interview and let the field office get this right.

We will see.

Everybody, calm down.

You have strong opinions about attorneys being waste of time and money and you are free to express it.

I am just as entitled to my point of view and say that professional

attorney is a must in any type of legal proceeding, no matter how simple it may appear to you. If some attorneys fail in what they do it doesn't mean their trade is useless or that they are bad people as a group.

It's just unfortunate that we all live in the times where professionalism gives place to opportunism.

I am still going to withhold my judgement about my attorney until after I see the outcome of my case and of this particular RFE response.

Even though I tend to think he made an error (and very very inexcusable if it indeed gets me into unmerited complication) , yet I won't

trash and berate him just because of my initial assessment and strong emotions, stress and duress that I had endured these past two days.

Let's not jump to conclusions too fast. I will post my case status updates here.

Thanks to all who share their views and perspective. As always those of you who were in similar circumstance will make the most valuable

contribution if you share how did it end up in your case.

Best Regards,

AOS Applicant

Ok I'm a 100% sure that your lawyer filled your Form Wrong,here is how's suppose to be:

Part 5 sponsor's household size

21.Your household size Do not count anyone twice

Persons you are sponsoring in this affidavit

a.Enter the number you entered in line 10: 0 1

Persons NOT sponsored in this affidavit

B.Yourself 1

C.if you are currently married enter 1 for your spouse 0 0 NOT R or 01 as you already been counted aboveThis is for cases when people are sponsoring someone other than their spouses and their spouses are not the beneficiary.

D.If you have dependent children enter the number here 02

e. If you have any other dependents, enter the number here. 00(left in blank on mine)

f.If you have sponsored any other persons on an I-864 or I-864 EZ

who are now lawful permanent residents, enter the number here. 0 0 ( on mine I actually left in blank)

G.OPTIONAL: If you have siblings, parents, or adult children with

the same principal residence who are combining their income

with yours by submitting Form I-864A, enter the number here 0 0 (blank)

h. Add together lines and enter the number here. Household Size: 0 4

I really don't have suggestions on how to fix the issue,but If I were you I would send my own corrected answer so your case won't be delayed any longer by another RFE.

I have filled my AOS and helped my sister with hers and neither of them got an RFE,I filled both of them with 00 on that section.I really have no idea how your lawyer came up with an R and in all honesty I would definitively get rid of him.

I had an student visa screwed up in the past by a lawyer and I know how frustrating it is,learned the lesson and filled AOS by myself.

Anyways I hope I helped you with this info,good luck and wish everything gets sorted out.

Thank you for sharing your opinion LinabFrank.

A lot of people feel resentful here about lawyers , but that is the wrong position. It is not different from having negative views of entire race or ethnic group of people. You can't judge all people by their occupation.

I still don't know if my lawyer made a mistake or not.

I have seen him in person today and he assured me that he filed the form correctly and was

doing his job for 25 years already. He said this is not going to ever trigger a denial of I-485.

I can't find anything bad about him on internet. Surely he would have had enough time to do enough damage in

25 years for someone at least make one post about what he did to their case.

On the other hand I am skeptical. What IF he made an error?

I know I will win my case in the end if there is a denial due to such a typo or an error , but it is a nightmare ,of course, to start

a litigious battle in EOIR that may take year or two to finish when everything could be completed in just a 6 months.

That would definitely piss me off a lot and I would, no mistake about it, make this law firm accountable before the body of its' peers (there is special grievance procedure to force your lawyer answer before licensing board why he negligently mishandled your case, if he ever does such a thing).

But this is the last thing I want to do. I have family, two kids and I need to focus on them , doing what is best for us instead of wasting

countless hours writing and filing briefs proving that 1 + 1 equals 2.

So, I hope those of you who say that he already screwed my case are wrong.

Hopefully this, even if a typo, can be addressed during interview, since

the Aytes memo of Feb 16 2005 clearly states that denial can't be issued unless there are factual questions of legitimacy or eligibility for benefit

(TYPO is not factual basis to deny a benefit, especially if it is obvious from preponderance of evidence that it IS a typo [that is IF he indeed filled out that part of the form incorrect, despite his assurances today to the contrary]).

At this moment I think I will just mail Page 3 of the same form filled out by my spouse yesterday , with the cover letter where I as applicant will explain that

this is being sent to USCIS just to clarify ANY possible questions about it (and hopefully it will be accepted into record).

In the end whatever must happen will happen.

I feel more confident today than yesterday that all will be fine as far as the discussed portion of the form is concerned. And if it doesn't then it is my destiny to get into prolonged legal battle (which I know I will would in the end, but can't fathom why would anyone be so unlucky to have to go through for such a silly reason).

I thank everyone for sharing your opinion and will post my timeline from time to time, whenever there is a change in status. In the meantime I welcome anyone who had successfully sailed through but had similar experiences in past to share their perspectives on how the case could possibly develop from this point of view or simply share their experience (was anyone denied for an obvious typo in the form? Did you then fix the error via MTR I-290 or did you have to go to EOIR and explain this to the Judge , etc. ).

Best Regards,

AOS Applicant

He didn't charge me extra for the reply. If a case gets denied and I have to do I-290 that lawyer is not going to represent me ( This error is not irreparable in

principle.What is he, as a lawyer, going to gain from it? I may even have to file official claim against him to show prejudice if this has to be settled in court. Any Judge will rule in favor of applicant who was denied on such a typo or technicality, as this has nothing to do with statutory eligibility).

Why would lawyer be so irrational and make such mistake?

If it is a sure error, I tend to think it was more of a negligence on his part, to review the form before submission and most likely caused by

paralegal who actually filled the blanks (as we all know lawyers do not fill out forms, they delegate it to their assistants and paralegals, just as nurses do

most of doctors job).

Hiring lawyer is not a waste of money. A lot of you have submitted your BC and other evidence yet got hit with initial RFE. What if you file all the correct forms yet some new employee who reviews your makes mistake and denies you and then claims you never provided anything ? Who is going to testify and prove you did what you had to ? You vs the CIS employee? Good luck with that!

Only those who do not understand law or how infinite are ways the things could turn out wrong will claim that hiring an attorney is a waste of time.

In fact, if your case is a salvage you no longer need attorney , no attorney will fix the sure loser case. But a perfectly, 100% winner case could easily get denied by error, due to millions of things that could possibly go wrong, including an improper check in the box asking how many heads you have.

So, while I appreciate everyone of you who shared an opinion, I must respectfully disagree with those forum members who claim that hiring an attorney is a waste of time. The problem is not so much the attorneys' intentions as it is the way the cases are handled ( I am sure most attorneys don't spend more than a split second reviewing the case as they are too busy attending court hearings and all typos/stupid errors are primarily caused by paralegals who often underpaid and utterly incompetent).

I will see him tomorrow and find out what if anything went wrong here. In the end I will not lose a case because of an error like this, even if I-485 gets denied and I must defend in in EOIR. But it would be a huge waste of energy, time and resources and that is what I must avoid by all means if at all possible.

I hope that CIS employee, when reviewing the case (even if this is filled in error) will recognize the fact that this is just a typo (by all means it is clear that I am the only person sponsored and the total number of household members is correct, as we have 4 of us in our family). If so, he will transfer the case to

local office and let such things to be addressed during a personal interview where they go over each question and answer on app.

However, there is no guarantee that this is how it will go. It is just as possible for some new officer to get pissed with the applicant or his attorney who twice made the same clerical error and he or she may decide to "penalize" me by putting me through lengthy litigious process of having to prove in front of a Judge that 1 + 1 is 2.

I will update of progress (e-cas showed the LUD today, stating they have received the response to RFE and resumed case processing).

We will see what happens next.Not sure if I can still re-submit the correction if lawyer indeed

made an error or had a stupid staff who made the same mistake twice. I will hope for best and prepare for the worst.

Thanks to all who shared the input. If ANY OF YOU HAD BEEN THROUGH THE SAME OR SIMILAR case RFE your input would be the most valuable.

Thanks to all!

Hello aosapplicant and fellow forum members! In my opinion, the Attorney is technically right in not entering "1" in box 5 21 c in question. A closer lookand understanding on the instruction will reveal that you are not supposed to count anyone twice- which is boldly written in caps. 21 a reads "enter thenumber you entered in line 10" which is the Applicant/Beneficiary. The line before b reads "Persons NOT sponsored in this affidavit" then c reads "If you are currently married, enter "1" for your spouse" In my firm opinion, this does not apply to you in the sense that 21 a has already taken care of you. It will make more sense where there is a joint-sponsor is filling out the form and coincindently married or where a parent is sponsoring a child. The intendment of the part 21 of the form is for calculation of the household size, thus adding "1" under 21 C will alter the sum up in part 5 21 h.

In the light of the above, I think but not sure that "r" might mean "refer"...to 21 a. So I will suggest we dont rush into conclusions by tarnishing the image of this Attorney but rather do a constructive criticism.

You should politely ask your Attorney what the letter "R" means in the form and dont borther to waste your money going for the appointment. Dont send your anything to USCIS on your own, work with your Attorney and ask for clarifications.

I filed my papers myself and didnt enter anything in the box in question and I did not get any RFE whatsoever. I am in Baltimore and interview set for late March. My application was recieved on Jan. 4.

I hope my contribution is reasonable enough. I am open to any constructive objections. Thank you.

crystal12, thanks a lot for your input. I agree with you about not tarnishing attorney. Rushing to judgement never does justice to anyone, that's why I have an appointment with him tomorrow, to clarify this question once again,with the filled out paperwork we can both look at at the same time and help me better understand it.

If anything, my initial impression was that this was typo on behalf of his assistant who filled out the paperwork, but then who knows? What if r" means refer to ? (although not sure what referral would be to, in absence of any notes on the page).

In any event, the pressure is enormous: If you think of it, any clerical error, any typo or mistake on part of attorney could lead to the denial of the entire petition , and how unfortunate it would be to get denied over something like that?!

So, I try to do whatever I can to make sure everything was filed properly and IF anything wasn't to correct it as soon as possible and if possible at all.

Your inputs are very helpful, thanks to all!

I know exactly what you mean by saying "I personally am confused as it seems utterly self contradictory to enter either 1 or 0 on 21.c" If you are married, it suggests you put 1, but since you are already counted as a beneficiary, then you should put 0. I filed for my wife this week, and decided to put 0 in that box. I'll keep you posted how it turned out.

Thank you , kstorzyk!

Yes, I feel very confused , but reading and re-reading it over and over I arrived to the same conclusion as you (since the form says not to enter same beneficiary or member of household twice) and it seems to me that number "0" should be entered for 21.c provided I am the beneficiary already mention on line/s 8.,9., 10 and 21 a.

I will see my attorney tomorrow and discuss it. I think it would be tragic to get denied for a mistake as silly as this, plus all the wasted fees for a petition and an attorney....

I will probably do an info-pass as well, but am afraid they will not be able to give any guidelines as it is specifically stated that INFOPASS is NOT for legal advise, it is my lawyers job to give me proper legal counsel!

Anyway, I am planning to do my utmost and whatever I can to make sure everything is filed properly and if there is any error I will do what I can to correct it.

I just need very clear picture first so I can decide a course of action.

Also, IF (and this is an IF) the attorney sent RFE response and USCIS already received it , may I re-submit corrected response before 87 days deadline?

Thanks everyone for your input!

I will provide more details that may help to get a better understanding of my initial question:

1. My spouse is USC

2. She is my ONLY sponsor and NEVER sponsored anyone before.

3. We have 2 kids together.

4. Our household size is FOUR (me, my wife and 2 kids).

I have copy of I-864 filled by my attorney in front of me.

I am looking at PART 5 (USCIS sent RFE for INITIAL evidence , stating that Page 3 of I-864 is missing or not filled).

My attorney re-submitted what he mailed to USCIS earlier.

Here are the ANSWERS he put:

21. Your household size- DO NOT COUNT ANYONE TWICE

a. Enter the number you entered on line 10 (two square boxes next to Q, attorney entered 1 on first (left ) square and blank on second(right) square.

Persons NOT sponsored in this affidavit:

b. Yourself (one square box next to it, attorney entered large number 1 )

c. If you are currently married , enter "1" for your spouse. (one quare next to Q, attorney entered something that looks like r", I am not sure if it he tried to enter "1" including quotation marks and got the part of it cut due to format, or whether he really entered r", but it does look like r"

To d. If you have dependent children, enter number here he answered with number 2 entered on left square and blank on right, so I assume he tried to enter 2 , as this is number of children me and my wife have.

He left blank e., f., g., and entered 4 on second/right square , next to Household Size:

I have a feeling that he didn't properly file this form. I personally am confused as it seems utterly self contradictory to enter either 1 or 0 on 21.c , but I do not think what appears as r" is the proper answer there.

I called him on the phone today and he insisted that it was filled out CORRECTLY , so I am planning to see him in the morning tomorrow. My case may have already been damaged beyond repair and it is very tragic if stupid mistake such as this result in petition denied and me having to prove the Judge in court that 2 + 2 is 4. But I want to know if there is anything that I can do before it's too late? I still have more than 60 days left to answer this RFE, I will do my best to correct it, but how do I know what is right and what is wrong?

This is so screwed up, I hired and paid an attorney to avoid this sort of errors and now I have to find out what the correct answer to a question on 864 form is!!

Can anyone share expert opinion and give me assurance if and what is wrong with the way this form is filled?

Thank you ALL for your input on this thread, it is greatly appreciated!

Iv got no idea what R could mean in this situation... only the lawyer knows what his/her made up dreams are i think lol...

I agree with getting rid of the lawyer. If the lawyer cant fill out a simple form with the instructions telling you to put the number... thats pretty bad.

Getting rid of a lawyer is easy. If he made other errors, who will be held responsible for outcome?

As a lawyer he must abide by ethical guidelines and if I am denied due to his error I can at least file

the claim with arbitration committee and have legal basis for reconsidering if I ever end up in court

due to mistake made by lawyer.

Also, getting rid of lawyer now won't get my money back , plus anything that happens I will be blamed for

as he can say "He fired me and there was nothing I could do about it".

No, this is not about firing and getting rid of attorney. Foremost of all, this is about how to PROPERLY answer

a question. Have any of you reading this topic gone through i-130/i-485 application? When you filled i-864 what did you

answer? (assuming you have been through and didn't get an RFE for it, you must know by know what was proper answer).

What can I do to correct it if my lawyer answered it incorrectly? How do I know what is correct answer?

Exactly!! How did he come up with R as an answer? What is the R supposed to mean? IT's kinda stupid he has screwed it up twice as the instructions are pretty clear. If I were you I would get rid of him/her and would do it myself, no need for a lawyer when this site is also extremely helpful!

I have NO IDEA why r" was entered as answer to Part 5 21.c , therefore wanted to ask forum members' opinion.

I have an appointment scheduled with the attorney tomorrow in the morning.

I think I will FEDEX proper answer to USCIS myself, but I am concerned what the PROPER answer is and

whether (considering the fact he already sent this TWICE) my petition will be denied REGARDLESS of what I resubmit on my own?

What can I do?

Dear Forum member,

I am an AOS applicant. I have an attorney who has submitted an I-130 and I-485 on behalf of my sponsoring spouse (USC) and

myself (applicant/beneficiary).

I have recently received an RFE.

The letter from USCIS states that page 3 of I-864 was missing or wasn't properly filled.

So, my attorney has resubmitted the requested page.

But I have also reviewed the page that was resubmitted and had a confusion as to what would be the proper way to fill it.

My spouse is sponsoring me , she is the only sponsor I have.

The question is:

HOW DO YOU ANSWER THE PART 5 , 21.c. ?

My attorney filled r" next to If you are currently married , enter "1" for your spouse.

I called my attorney and asked why instead of "1" they entered r"

My attorney told me that entering "1" there would confuse the matters and that they have properly filled the field.

I am now very concerned. What if USCIS considers this as an improper filing? And, most importantly, what is the correct way of

answering that question (Part 5, 21.c) ?

Again, I will clarify once more: I AM A SPOUSE OF USC. My spouse filed I-130 to sponsor me and was required to submit I-864 as part of

application. I have filed I-485 (concurrently, as a spouse of USC). She is my ONLY sponsor and I am the ONLY person she ever sponsored (is sposoring now).

To the best of your knowledge, what is the proper way to answer Part 5, Q. 21.c on I-864 Form?

My attorney mailed reply which was received days ago but there is no update on USCIS case status page and

I am really concerned what if the question is improperly answered I what if I get denied for something

so silly as thAt?

Tomorrow I will see my attorney in person, but I wanted to hear from those of you who have filed this form and

are knowledgeable of how to properly answer Part 5 21.c? Is my attorney correct? Do you enter r" or "1" or

some other answer is required?

Please share your opinion (preferably those of you who already were approved or filled the forms a while ago and didn't get RFE

for it).

Thanks!!

AOS applicant